Shannon Kelleher

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March 25, 2024

US court blocks EPA order to eliminate PFAS in plastic containers

By Shannon Kelleher

A US appeals court has vacated an action by the US Environmental Protection Agency (EPA) ordering a company to stop producing plastic containers that leach toxic per- and polyfluoroalkyl substances (PFAS) into pesticides, household cleaners, condiments, and many other products.

The 5th US Circuit Court of Appeals on March 21 ruled that the EPA exceeded its statutory authority when it issued orders to Texas-based Inhance in December prohibiting the company from manufacturing or processing PFAS through its fluorination process for containers.

The EPA move came after the agency determined that types of PFAS created during the fluorination process “are highly toxic and present unreasonable risks that cannot be prevented other than through prohibition of manufacture.”

The agency issued the orders under the Toxic Substances and Control Act (TSCA), which authorizes the EPA to regulate and screen chemicals produced or imported into the US.

But Inhance challenged the EPA’s action, arguing that the EPA improperly sought to take action against the company under a section of TSCA dealing with new uses of chemicals, and that Inhance’s process did not constitute a new use.

The court agreed that the fluorination technique Inhance uses to prevent liquids from leaking out of its plastic containers – a process that creates PFAS chemicals – does not count as a significant new use since Inhance has been using this process since 1983.

March 21, 2024

Warnings of a “wave of lawsuits” as PFAS exemption debated

By Shannon Kelleher

Representatives of US water and waste systems told US lawmakers this week that hundreds of such operations across the nation could face unintended and overwhelming liabilities unless they are exempted from a proposal that would designate two types of per- and polyfluoroalkyl substances (PFAS) as hazardous substances.

The rule proposed by the Environmental Protection Agency (EPA) sets up “multiple avenues to drag innocent parties into extremely costly and complex litigation,” Michael Witt, a lawyer speaking on behalf of a coalition of water groups, told members of the US Senate Committee on Environment and Public Works in a hearing Wednesday.

Witt was one of multiple witnesses to address the committee on the hotly contested issue of how the government should address widespread PFAS environmental contamination. The EPA said in 2022 that it was preparing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because they present “a substantial danger to human health or welfare and the environment.”

Such a designation allows the government to order responsible parties to clean up the environmental contamination and bear the costs of mitigation. The “polluter pays’ model is a core principle of CERCLA.

The debate now underway is about whether to provide an exemption from liability for “passive receivers” of PFAS – entities that don’t make or use PFAS but wind up with the chemicals in their water, land and waste. The EPA has said it won’t assign liability to passive receivers, but Witt and others speaking at the hearing said there is still concern that such entities could become embroiled in lawsuits over chemicals they never used or produced.

March 11, 2024

Farmers facing PFAS pollution struggle for solutions

By Shannon Kelleher

When Jim Buckle and his wife, Hannah Hamilton, started their 18-acre organic vegetable farm in Unity, Maine more than a decade ago, they wanted to grow the healthiest food possible. But after a wholesale buyer asked them to test their operation for toxic chemicals called per- and polyfluoroalkyl substances (PFAS) in 2022, the couple was in for a shock.

The soil tests came back clean, as the couple expected. But Buckle’s heart sank when the results arrived for the well water they used to wash and irrigate their vegetables. Through no fault of their own, the farm Buckle and Hamilton had carefully cultivated for nearly a decade was contaminated with PFAS-laced sewage sludge that had been used as fertilizer on land nearby years earlier.

Faced with evidence that their harvests were also likely contaminated with potentially hazardous PFAS toxins, he and Hamilton made the decision to close down their farming operations, at least temporarily, as they wrestled with how they might clean up their farm and protect it from future contamination.

“We said, ‘wow, this is crazy. We actually have this problem,’” Buckle said.

About a year earlier, first-generation organic farmers Katia Holmes and her husband faced a similar crisis on their 700-acre Misty Brook Farm in Albion, Maine, where they raise livestock and grow grains. In their case, the well water was fine, said Holmes. But testing of their cows’ milk – and the hay they bought from a neighbor to feed the cows – came back with elevated levels of PFAS.

Further testing revealed that a previous owner of the Holmes’ land had spread sewer sludge on certain fields 20 years ago, leaving behind PFAS in the soil.

“We called all the stores and pulled all our products,” said Holmes.

Buckle’s and Holmes’ stories are, sadly, becoming more common.

March 1, 2024

EPA moves to limit frequent chemical accidents

By Shannon Kelleher

Hundreds of chemical facilities around the US must implement new procedures to try to better safeguard communities from accidents that are happening with alarming frequency and jeopardizing human and environmental health.

New measures announced Friday by the Environmental Protection Agency (EPA) require industrial operators to “prevent accidental releases of dangerous chemicals that could otherwise cause deaths and injuries, damage property and the environment, or require surrounding communities to evacuate or shelter-in-place.”

The final rule, which amends the EPA’s Risk Management Program (RMP) that applies to plants dealing with hazardous chemicals, asks facilities to evaluate the risks of natural hazards and climate change, makes information about chemical hazards more accessible for people living near these facilities. The rule also allows for plant employees to stop working when they think there is a potential hazard.

This new requirements are expected to reduce the frequency and severity of accidents, building on revisions proposed in 2022. They provide the most protective safety provisions for chemical facilities in the EPA’s history, EPA deputy administrator Janet McCabe said on a press call.

Accidental releases of chemicals from industrial facilities cost the US more than $540 million each year, McCabe said on the press call, not including major catastrophes that can individually cost much more.

February 22, 2024

Texas farmers, watchdog group demand EPA act on PFAS in farm fertilizer

By Shannon Kelleher

In the wake of fresh evidence that US farms are being poisoned by PFAS-laden fertilizers, a watchdog group and two Texas farm families said Thursday they plan to sue regulators to try to force protective actions.

The Environmental Protection Agency (EPA) has violated the Clean Water Act by failing to regulate at least 12 per- and polyfluoroalkyl substances (PFAS) in treated sewage sludge (biosolids) applied to agricultural lands, allege Public Employees for Environmental Responsibility (PEER) and the farmers in a notice of intent to sue sent Feb. 22 to EPA Administrator Michael Regan. Studies have linked these particular PFAS chemicals to asthma, disrupted thyroid hormones, immune suppression, kidney problems, lung issues in children, and other health effects, the letter says.

The agency has also unlawfully failed to include in its regular biosolids reports at least 18 additional PFAS chemicals that scientific studies indicate are present in biosolids, PEER and the farmers allege.

PEER and the farmers will sue the EPA within 60 days if the agency does not take immediate action, said PEER executive director Timothy Whitehouse in the notice of intent to sue.

“EPA has deemed it acceptable for biosolids containing PFAS and other known toxic chemicals to be applied directly to soil as fertilizer, where these man-made contaminants then build up in the environment, exacerbating the PFAS contamination crisis,” wrote Whitehouse. “This is not protective of human health or the environment.”

“Because there are no standards, farmers, ranchers, and gardeners have no warning that they are potentially poisoning their soil, water, livestock, and pets with these biosolid fertilizer products,” Kyla Bennett, director of science policy for PEER, said in a press release. “Prompt, responsible regulatory action by EPA would prevent untold damage and heartache.”

February 20, 2024

Dead livestock and poisoned water — Texas farmers sue over PFAS contamination

By Shannon Kelleher

Two Texas farm families have seen their health decline, their pets and livestock sickened and killed, their water poisoned and and their property values wiped out due to high levels of chemical contamination linked to a company marketing treated sewage sludge as a fertilizer and soil conditioner, according to a lawsuit filed by the families.

The lawsuit alleges the plaintiffs’ farms, located near Fort Worth, were “poisoned by toxic chemicals” after a neighboring farmer took shipment of “smoking” piles of biosolids that contained hazardous per- and polyfluoroalkl substances (PFAS) in late 2022.

The PFAS-laced fertilizer was allegedly made by Synagro of Texas-CDR Inc., using semi-solid treated waste obtained from wastewater facilities. The waste, referred to as biosolids, has been promoted as an effective means for turning sewage into useful agricultural applications that can boost crop yields.

The biosolids are supposed to be treated to remove toxins, but PFAS chemicals are difficult – if not impossible – to break down, and are known to persist in the environment. Sometimes called “forever chemicals,” several types of PFAS are known to be hazardous to human health, including some linked to cancers.

Synagro is one of the largest in the biosolids industry, and knew, or should have known, that its biosolid products contained PFAS, according to the lawsuit, which was filed last week in Maryland, where Synagro is headquartered.

Synagro did not respond to a request for comment. On its website, the company calls itself a “partner for a cleaner, greener world” and says it works to “protect the health of the water, our Earth and those who depend on them now and for the future.”

February 16, 2024

EPA is illegally concealing data about PFAS in millions of plastic containers, lawsuit alleges

By Shannon Kelleher

The US Environmental Protection Agency (EPA) is breaking the law by concealing health and safety data about a class of toxic chemicals called PFAS found in millions of plastic containers, two environmental advocacy groups allege.

The agency is refusing to turn over data on toxic per- and polyfluoroalkyl substances in high-density polyethylene (HDPE) plastic containers produced by the company Inhance, citing “confidential business information.”

Public Employees for Environmental Responsibility (PEER) and the Center for Environmental Health (CEH) have been seeking data held by the EPA about the company and its containers through a 2023 Freedom of Information Act (FOIA) request. But the agency has redacted and withheld key information, the groups allege.

They filed a lawsuit against the EPA on Thursday claiming the agency is violating the Toxic Substances Control Act (TSCA) by refusing to provide the requested data for public scrutiny.

“The cloak of confidential business information cannot be used to hide health and safety studies as EPA is currently doing,” Colleen Teubner, a PEER lawyer, said in a press release. “By sitting on this critical information, EPA is advancing the private interests of a corporate violator and shirking its public health responsibilities.”

The groups sent a demand letter to EPA in November, arguing that the agency “has no statutory basis” for its refusal to turn over information.

Last year, the EPA ordered Inhance to stop making plastic containers that contain PFAS following legal pressure from PEER and CEH. That order is set to go into effect Feb. 28.

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February 14, 2024

Pesticide-treated seeds harm earthworms, study finds

By Shannon Kelleher

Commonly used pesticides pose a toxic threat to earthworms, creatures considered crucial for the health of soil used to grow crops, according to a new study published Wednesday.

The study builds on evidence that a class of insecticides called neonicotinoids, or neonics, are harming a range of species important for planetary health. Neonics have been banned in many countries but are popular with farmers in the United States.

The authors of the new study said they found that when earthworms were exposed to four different types of neonics, as well as the fungicide difenoconazole, they suffered damage to their mitochondrial DNA and gained significantly less weight than earthworms not exposed to the chemicals. The pesticides were especially damaging when the worms were exposed to a neonic plus the fungicide in combination.

The findings were published in the journal Environmental Science & Technology Letters.

“We need to re-evaluate the toxicity of neonics and the synergistic effects of neonics and systemic pesticides in those non-target organisms when they are applied to soil simultaneously,” said Chensheng (Alex) Lu, a professor at Southwest University in Chongqing, China and an author of the study.

“The contribution of earthworms to crop yields is as essential as pollination done by honey bees,” he added. “A healthy soil is simply not possible without the presence of earthworms.”

February 13, 2024

EPA’s proposed lead pipe crackdown spurs debate

By Shannon Kelleher

Proposed revisions to a national drinking water regulation designed to reduce exposure to lead in US drinking water are drawing applause from many sectors, but also criticism as industry groups worry about how to meet the stricter standard and environmental and health advocates fear the proposed requirements don’t go far enough.

The regulatory move comes after public outcry in response to recognition that communities around the country could be at risk of the type of contamination that occurred in Flint, Michigan in 2014 when the town’s drinking water became contaminated with lead from corroded pipes. The toxic metal, which is a known health hazard, particularly to children, has also been found in the tap water of Chicago residents.

“Now, there’s a new proposed rule, there’s lots of money, and there is a deadline, so now people are mobilizing to implement,” said Alfredo Gomez, director of Natural Resources and Environment at the US Government Accountability Office (GAO). But, he said, “some folks are supportive of the proposed rule, and others are concerned.”

The US Environmental Protection Agency (EPA)’s proposed changes would require water systems to replace lead service lines within 10 years of the rule going into effect. An estimated 9.2 million water service lines provide water to communities across the nation. The agency would also compel utilities to take stronger measures to prevent lead in the pipes from entering the water through corrosion by reducing the level at which utilities are required to take mitigation action for lead from 15 parts per billion (ppb) to 10 ppb. The EPA action builds on revised regulations introduced in 2021.

The new move to address lead in drinking water, which the EPA proposed in late November, is among a host of actions the agency has recently taken to crack down on a wide range of harmful environmental pollutants. The agency issued an enforcement alert in late 2023 calling out “widespread noncompliance” with the first US regulation on toxic coal ash, and earlier this month it announced a proposal that would help ensure cleanups of pervasive chemicals known as PFAS at hazardous waste facilities. Last week, the EPA finalized stronger air quality standards to reduce soot pollution.

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February 1, 2024

EPA proposes adding PFAS to hazardous waste cleanup law

By Shannon Kelleher

Federal regulators today announced a proposal to update the definition of hazardous waste in the Resource Conservation and Recovery Act (RCRA) to include a class of chemicals known as PFAS, a move designed to help ensure cleanups of these so-called “forever chemicals” at hazardous waste facilities.

The Environmental Protection Agency (EPA)’s proposed rules will also add nine per- and polyfluoroalkyl substances (PFAS) to a list of substances in the act that are considered in assessments of facilities used to treat, store, and dispose of hazardous waste. The updates will strengthen protections for communities located near the 1,740 hazardous waste facilities across the US, the Environmental Protection Agency (EPA) said in a statement.

“Today’s announcement by the EPA will ensure that quick action can be taken to clean up PFAS and will send a powerful signal to industry to be good stewards of their PFAS wastes,” said Scott Faber, senior vice president for government affairs at The Environmental Working Group nonprofit in a statement.

PFAS chemicals do not break down naturally and can leach into drinking water from industrial sites, sewage treatment plants, and landfills. PFAS have been found in at least 45% of US tap water and in the blood of about 97% of Americans. Exposure to the chemicals has been linked to numerous health problems, including certain cancers.

Over 700 military sites nationwide have been either found to have discharged or are suspected of having discharged PFAS into the environment, often from firefighting foam that contains the toxic chemicals.